Adopting a relative’s child is one of the most common forms of adoption in the Philippines. It is usually motivated by the desire to formally transfer parental authority, secure inheritance rights, provide better opportunities for the child, or prevent the child from being placed with strangers. Because the adopter and child are already related by blood or affinity, Philippine law provides a simplified, faster, and less expensive procedure compared to adoption by non-relatives.

The governing laws are:

Republic Act No. 8552 (Domestic Adoption Act of 1998), as amended by
Republic Act No. 11222 (Simulated Birth Rectification Act of 2019) and
Republic Act No. 11642 (Domestic Administrative Adoption and Alternative Child Care Act of 2021).

Under RA 11642, adoption by a relative within the fourth (4th) degree of consanguinity or affinity qualifies for administrative adoption through the National Authority for Child Care (NACC), bypassing the courts entirely in most cases.

Who Qualifies as a “Relative” for Administrative Adoption?

Relatives within the fourth degree of consanguinity or affinity are entitled to the administrative process:

Degree	Consanguinity (blood)	Affinity (by marriage)
1st	Parent – Child	Step-parent – Step-child
2nd	Grandparent – Grandchild, Siblings	Spouse’s parent/child, Step-siblings
3rd	Uncle/Aunt – Nephew/Niece, Great-grandparent – Great-grandchild	Spouse’s uncle/aunt, etc.
4th	First cousins, Granduncle/aunt – Grandnephew/niece	Spouse’s first cousin, etc.

If the relationship is beyond the fourth degree (e.g., second cousins), the adoption must still go through the regular judicial process before the Regional Trial Court (Family Court).

Eligibility of the Adopter

Filipino citizens (whether living in the Philippines or abroad):

At least 25 years old (RA 11642 lowered the previous 27-year minimum)
At least 16 years older than the child (this age gap is waived for relative and step-parent adoptions)
Of legal capacity, good moral character, and emotional and psychological capability
In a position to support and care for the child
No final conviction for a crime involving moral turpitude

Married couples must adopt jointly, unless one spouse is adopting the child of the other (step-parent adoption) or there are exceptional circumstances.

Single persons may adopt, including unmarried partners of the child’s parent, siblings, uncles/aunts, etc.

Foreign nationals who are relatives may also use the administrative process provided they meet the requirements of RA 11642 and the Inter-Country Adoption Act if applicable.

Eligibility of the Child

Below 18 years old at the time of filing of the application
Must be legally free (either voluntarily committed, involuntarily committed, or with parental consent to adoption)
If 10 years old or above, the child must give written consent

When the Biological Parents’ Consent Is Not Required

Consent of the biological parent/s is dispensed with in the following cases:

Parent has abandoned the child
Parent is insane or mentally incapacitated
Parent has subjected the child to sexual abuse, cruelty, or exploitation
Parent is unknown or has permanently disappeared
Parent has been judicially declared to have lost parental authority

In relative adoptions, however, the usual scenario is that the biological parents voluntarily consent because they want the child to be raised by the relative.

Step-by-Step Procedure for Administrative Relative Adoption (NACC Process)

This is the fastest route (average 6–12 months).

Preparation of Documents
Gather the following (originals + photocopies):
- Accomplished NACC Application Form (downloadable from nacc.gov.ph)
- Birth certificate of adopter/s and child (PSA-authenticated)
- Marriage certificate (if applicable) or affidavit of single status
- Valid IDs and NBI/police/barangay clearances of adopter/s
- Proof of relationship (birth certificates showing common ancestor)
- Consent of biological parents (Deed of Voluntary Commitment or Affidavit of Consent, notarized)
- Consent of the child if 10 years old or above
- Medical certificates of adopter/s and child
- Latest income tax return or proof of financial capacity
- 2×2 photos, passport-size
Filing with the NACC
Submit the application and documents to the National Authority for Child Care (NACC) Central Office in Quezon City or through its Regional Alternative Child Care Office (RACCO).
Child and Home Study Report (CHSR)
A licensed social worker (usually assigned by NACC or a partner agency) will conduct home visits and prepare the report. In relative adoptions this is usually favorable and quick.
Matching / Placement
Since it is a relative adoption, direct placement is allowed. The NACC Matching Committee simply approves the match.
Supervised Trial Custody (STC)
Minimum of three (3) months (RA 11642 reduced the previous 6 months for relative adoptions). The social worker monitors the adjustment of the child.
Issuance of Affidavit of Consent to Adoption
After successful STC, the adopter/s and (if required) the biological parents execute the final consent.
Approval and Decree of Adoption
The NACC Executive Director issues the Decree of Adoption and Certificate of Finality (usually within 30 days after STC).
Registration of the Adoption
The adopter submits the NACC documents to the Local Civil Registrar (LCR) of the place where the child was born. The LCR issues a new Amended Birth Certificate reflecting:
- The adopter/s as the new parent/s
- The child’s new surname (the surname of the adopter, or of the husband if joint adoption)
- Optionally, a new first name if the adopter petitioned for it

The original birth certificate is sealed and becomes confidential.

Judicial Relative Adoption (When Administrative Process Does Not Apply)

If the relationship is beyond the fourth degree or there are complicating factors (e.g., opposition from a parent, foreign adopter with special circumstances), file a Petition for Adoption with the Regional Trial Court (Family Court) of the province/city where the adopter resides.

The procedure follows Rules on Adoption (A.M. No. 02-6-02-SC) and takes 12–24 months on average.

Automatic Change of Surname Upon Adoption

Under Article 189 of the Family Code and Section 13 of RA 8552 (as amended), the adopted child shall bear the surname of the adopter. This is mandatory and automatic upon registration of the adoption decree.

If the adopters are spouses → child uses the husband’s surname (unless the wife is the petitioner in a solo adoption).
If the adopter is single → child uses the adopter’s surname.
The child may also be given a new middle name or first name upon petition and for justifiable reason.

No separate petition for change of name is required; it is included in the adoption decree.

Simulated Birth Rectification (For Informal “Adoptions” Done in the Past)

Many Filipino families in previous decades simply registered a relative’s child as their own biological child (simulated birth). RA 11222 now allows rectification without criminal liability if done before April 4, 2019.

The process is also administrative through the NACC and results in the same amended birth certificate and legal adoption status. This is the remedy most grandparents, aunts/uncles, and older siblings now use to formalize long-standing arrangements.

Approximate Costs (2025)

Administrative relative adoption (NACC):

Social worker / home study fee: ₱15,000–₱35,000
NACC processing fees: ₱5,000–₱10,000
Notarial, authentication, medical exams, etc.: ₱10,000–₱20,000
Total average: ₱35,000–₱70,000 (no lawyer required in most cases)

Judicial adoption: ₱150,000–₱350,000 (including lawyer’s fees and publication)

Important Reminders

Once the adoption decree becomes final, it is irrevocable. The biological parents permanently lose all rights.
The adopted child enjoys exactly the same rights as a legitimate biological child, including inheritance.
Adoption records are strictly confidential. Only the adoptee (upon reaching majority) or by court order can access the original birth certificate.
Always consult the NACC or a family law lawyer specializing in adoption for the latest forms and requirements, as implementing rules are periodically updated.

Adopting a relative’s child in the Philippines is now simpler, faster, and more humane than ever before, thanks to RA 11642. With proper documentation and cooperation from the biological parents, most relative adoptions are completed within one year and result in the child legally and permanently bearing the adopter’s surname.